bill: so. martha: how do you like our new digs? bill: i'm digging it. martha: good to see you. we'll be back here in the knew studio. "happening now" starts right now. see you then. jenna: we begin with a fox news alert. new documents raising question about the justice department and a left-wing media group. we're glad you're with us. i'm jenna lee. >> i'm jon scott. we have new reports that justice department employees turned to the left-wing media site, media matters to help spin bad press plaguing attorney general eric holder and the rest of his department. the report by the conservative daily caller website reveals internal justice department e-mails showing staffers help media matters target news outlets reporting on scandals ranging from operation "fast and furious" to the new black panther party voting scandal.

media matters bills itself as a media watchdog group but spends much of its time and energy attacking fox news. joining me now for more on this, judge andrew napolitano. fox news senior judicial analyst. is there anything questionable, anything morally wrong, anything legally wrong with a government agency getting in touch with this website to try to spin the news cycle? >> the general answer on legally is no. however, media matters is a 501(c)(3) tax-exempt organization. meaning people that contribute to it the money they contribute is not taxable by the irs. that limits what media matters can do. for example, it can not advocate for legislation. it can not support publicly the candidacy of anyone running for office. so they are coming close to the line by attempting to put spin on issues involving the justice department. which may reach directly to the president. why do i say it may reach

directly to the president? because you will recall after attorney general holder agreed to turn over some documents to the house committee chaired by california congressman darrell issa involving "fast and furious", the president, without notice and mysteriously, in my view, without legal basis for it invoked executive privilege which purported to shield from revealing all the documents that the attorney general general was negotiating whether or not he was going to turn them over. if media matters and the justice department's collaboration was intended to help the president make him look good, that is really towing the line. it is also highly unusual, jon, for the government to be so intimately involved with a group. these are not e-mails saying what does this mean, what does that mean? these are e-mails with serious direct interactive device, request he is being asked by -- questions being asked by justice department pr people and answers being

given by the media matters folks. it is very unusual that the government would go to such great and enormous lengths to try to put spin on the news, particularly the news about something as controversial as we know deadly as "fast and furious". jon: well, a couple of things. we have reached out to the justice department for some comment on this. officially they are not commenting about it. no comment although they are essentially saying, off the record, that it is not a big deal. you are one of the people that the justice department was apparently quite interested in, judge. >> well, i'm in good company jon, with a lot of our colleagues at fox news in which the media matters folks offer to give to justice department articles they, the media matters people, have written about some of us and our colleagues. i don't know if those articles were given and i don't know what's in them but i do know that our fox colleagues who are listed in there, along with my name,

have been out front in criticizing the government for its reticence to reveal truthfully what happened with "fast and furious" and that that's our job and we're not afraid to do our job and we're not going to shy away from it. jon: that investigation goes on as well. judge andrew napolitano our senior judicial an analyst, thank you. >> pleasure, jon, governor mitt romney is reacting to a video that surfaced from a private event held back in may. in the clip governor romney is speaking at a private fund-raiser talking about the 47% of americans who he says won't vote for him because they're on government, or because they are dependent on government. he is standing by those comments although he admits they were not elegantly stated and were off-the-cuff. listen to a portion of that tape now. >> there are 47% of the people who will vote for the president no matter what. all right. there are the 47% who are with him, who are dependent

upon government, who believe they are victims, who believe they are entitled to health care, to food, to housing you name it. that is entitlement. government should give it to them and they will vote for this president no matter what. jon: david drucker is the associate politics editor for "roll call." mitt romney's getting hammered in the media this morning for these comments that he made at this private fund-raiser. doubtless that, you know, those attacks will continue. how big a deal is it, david? >> well, it's not helpful at a time when he would like to focus on his message. on attacking the president and on getting voters focus on what the president is doing wrong in his view. doesn't help to have the media focused on remarks that he maid that he has to explain. will it ultimately be politically determinative of how the election ends up? no. will we end up focusing on something else next couple days? yes. i would also say that this is the kind of statement that is probably going to

upset the, you know, as we've seen in the polls, the 47, 48%, 46%, 49% of voters who look as though they're going to support the president. it will not support the same percentage of voters look like they will support mitt romney. so i don't ultimately think this is that huge of a problem. the only issue getting close to the election you don't like to lose days where you can be on offense against your opponent. to that extent it's a problem. jon: well he did hold a news conference yesterday in which he essentially said, yeah, i was speaking my mind. i didn't say it so eloquently, but, that's the way i feel. here's his, here is his take on that. >> we've watched the results of the president's approach over the last 3 1/2, four years and his government-centric, large irand larger government approach has meant we have 15 million more people on food stamps. 23 million people out of work or stopped looking for work or under employed.

we have have had 43 straight months with unemployment above 8%. and my view is the right approach for our nation is not to adopt a government centered approach but instead a free, free people, free enterprise, free market, consumer driven approach. jon: then this response from the obama campaign. they say it's shocking that a candidate for president of the united states would go behind closed doors and declare to a group of wealthy don't nors that half the american people view themselves as victims, entitled to handouts and are unwilling to take personal responsibility for their lives. hard to serve as president for all americans when you have disdainfully written off half the nation. that from campaign manager jim mess send that. how different is this if at all. that president obama sad at private event that americans were clinging to their guns or religion? >> i don't think it is all that different at all at the time the remarks got a lot

of attention. people wondered if it would change the trajectory of the campaign as the kind of people that were supporting obama at the time, they're going to hear this, oh, my god they won't like him. as it turned out didn't bother them all that much. he did very well with working class voters, working class whites, people in pennsylvania and ohio he was supposedly going to offend. given the state of the economy, given how people feel about the president, those opinions are pretty fixed. this isn't going to change anything, what romney said. i would add a large percentage of the country agrees with him, whether middle class voters who lean to the right, are conservative, are culturally conservative, even some lower class voters who think people rely on government far too much. and i don't think, what he said, though inartful and unhelpful is going to turn off the half of the country that already supports him. it gets down to a contest for the few swing vote voters and undecided us out there. finally, jon, i would say

this president had a few goofs, you didn't build this or the private sector being fine and yet the president is still doing fine. i don't know how much it changes things. jon: david drucker, interesting perspective. thanks. >> thanks a lot. jenna: now we head overseas where a dangerous situation continues to unfold. first we take you to afghanistan where a homicide bomb rocked the capital there. a militant group claiming responsibility for the attack on a minibus, carrying foreign workers to kabul's airport. 12 people are dead. many yet to be identified at this time. meantime new calls for violence from al qaeda's affiliate in north africa. the terror group, urging muslims kill u.s. diplomats in the region. and anti-american protests breaking out in thailand. about 400 people taking a demonstration in bangkok at the u.s. embassy. you're seeing video of it there. protesters carrying signs and chanting down wit america, down with israel. these protests breaking out last week spreading to dozens of countries around

the world. we have team coverage with catherine herridge in washington. connor powell from afghanistan. connor what happened? >> a dozen of employees of air charter solutions were on their way to the air kabul airport when minivan was hit by a vehicle packed with 12 explosives including eight south african employees with acs they fly diplomats around afghanistan and the region the taliban claimed responsibility. particularly noteworthy an offshoot of the taliban which has been negotiating with the u.s. and afghan government about peace. this is a rare attack by them. also because they say it was a female driver who was the suicide bomber. this is a country where women don't drive. it is a very rare attack where there is a female suicide bomber but 12 people were killed. several others were injured including eight south africans were killed in this attack.

because of this environment the u.s. military said it is suspending all patrols, joint patrols between the united states army and the afghan army. in large part because of these insider attacks. this environment is being created by this anti-islamic film, the u.s. military says they don't want to have joint patrols because of insider attacks. they're very scared what might happen because of the anger and hostility here in afghanistan. but certainly does undercut the overall strategy here where u.s. troops are supposed to be out patrolling with afghans and mentoring them, jenna. jenna: we'll talk more about the insider attacks later on in the program, conor. thank you. jon: as we mentioned al qaeda's branch in north africa is calling for more american blood urging its followers to attack u.s. diplomats. the terror group is calling for an escalation of anti-american protests that already have spread across the muslim world. meanwhile, new video and eyewitness accounts are revealing new details about a deadly attack on the u.s.

consulate in libya last week including an apparent attempt to save the life of u.s. ambassador chriss. chief intelligence catherine herridge has more on that live from washington. catherine, what can you tell us. >> reporter: thank you. the group al qaeda. aqim is the al qaeda affiliate in north africa. it is one of the emerging franchise operations spun off an original group in pakistan. all the franchises rely on the web to spread their message as part of this new digital jihad and reads in part, quote, we congratulate our muslim rebel brothers who defended our prophet's honor. we tell them the killing of the u.s. ambassador is the best give you gift to his arrogant, unjust government. intelligence source on the ground in libya tells fox news there was no significant or sizable demonstration when the attacks unfolded sometime after 9:35 p.m. in benghazi on 9/11. in simple terms this was not an ongoing demonstration that spiraled out of control. quote, there was no protests and attacks were not

spontaneous the intelligence source said. the libyan attack was planned and had nothing to do with the movie. according to fox news's official a u.s. official did not dispute the account and talked about at small demonstration this consulate as how many separated the attack in the even u.s. official could not say adding it part of the investigation. quote, while everything is still under investigation, the available information suggests that the protests in cairo inspired what the attackers decided to do later that night in benghazi. right now this points to a plan that was hatched opportunisticly on that day. while the libyan government as well was senior members of congress briefed on the attack call it terrorism and they say it was premeditated the state department spokeswoman would still not go that far. >> again i'm not going to put labels on this until we have a complete investigation. okay? >> so you don't regard it as a act of terrorism? >> i don't think we know enough. >> reporter: eyewitness accounts the ambassador was still alive the investigation i'm told is actively viewing witnesses.

what they're trying to do is peace together a timeline around "the nine" to midnight hour of the attack, jon. jon: catherine herridge, what strange developments. thank you. >> reporter: you're welcome. jenna: a tabloid ordered to stop running topless photos of the future queen of england. but with these pictures flashed across the internet and other magazines is this a case of too little too late? we'll talk a little bit about that coming up. a critical vote. striking chicago teachers decide whether they will go back to work. a live report from chicago next copd makes it hard to breathe,

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jon: topless photos of the future queen of england. kate middleton, blocked from publication. the british royal family winning a fight in a french court ordering a french magazine to immediately stop running intimate photos of kate and her husband prince william. amy kellogg has the update for us live from london. amy. >> reporter: hi, jon. the pictures have already been published by the royal couple is really sending a

message they're not going to take this sort of invasion of their privacy. now they are currently, jon, on a very high-profile tour of the far east and the south pacific. so, a statement on their behalf was issued today by st. james palace and simply said they welcome the injunction that is blocking further publication of these photos. this was against the french magazine which is called, closer. and france has possibly the strictest privacy laws in all of europe but meanwhile an italian magazine published a 26-page spread of the photographs yesterday. that magazine, like the french one now under injunction is owned by former italian prime minister silvio berlusconi. the french injunction doesn't cover the italian magazine nor an irish one which published the pictures. the pictures are still on the internet. the couple found the publication of photos of qaed middleton, duchess of cambridge sunbathing

topless. on a day they were meeting government in malaysia visiting dig nairrys and the mosque. mr. and mrs. mount baton windsor suffered being brutally exposed on a magazine cover and a sensationalist. the french magazine editor defended the pictures saying the pictures were quote, full of joy. the french magazine is quoted saying it will respect the injunction but will not be making jon, any further comment. there's a fine on the magazine of a few,000 dollars. also the -- few thousand dollars. the magazine has to turn over the all the digital images. if it doesn't do that in 24 hours there will be a fee of 10,000 euros each day it doesn't comply. that is about 12 or $13,000. meanwhile, jon, there is a criminal case that has been launched against the paparazzi that took the photograph. that will get going at some

point in the future. jon: genie south of the bottle. amy kellogg. amy, thank you. >> reporter: thank you. jenna: some new documents appear to show a cozy relationship between the department of justice and a liberal website. is the agency using this left-wing site to help spin bad press and what is the significance if they are? james rosen working the story has a live report just ahead.

jon: back to that secretly recorded videotape of governor mitt romney that is lighting up the internet. the governor was speaking to donors at a private fund-raiser back in may. today he is standing by the comments he made that 47% of americans will not vote for him because they are dependent on the government and don't pay income taxes.

governor romney also told the crowd that palestinians are not interested with peace with israel. >> and i look at the palestinians and not wanting to see peace anyway for political purposes committed to the destruction and elimination of israel and these thorny issues and i say there's just no way. and so what you do you move things along the best way you can. you hope for some degree of stability. you recognize this will remain an unsolved problem. we lived with that in china and taiwan. all right? we have, a potentially volatile situation but we sort of live with it. jon: so is this a huge problem, a faux pas that is going to sink the romney campaign? or could this tape actually help mr. romney with his base? let's bring in a fair and balanced debate. kate obenshain is former chair of the republican party in virginia and author of divider in chief. simon rosenberg, founder of

ndn. simon, has this really torpedoed in your view mitt romney's chances? >> no, i don't think he has had a particularly good few weeks. this is not a game ending event. this is consistent with the argument he made over several months f republicans want a debate about the economy we'll have one. if republicans want a debate about foreign policy we'll have one. what i was surprised by how confusing what mitt romney said. i mean there were tens of millions of republicans included in that group of people who don't pay income taxes. if you're a republican senior in boca raton or if you're a waitress in toledo with three kids working single mom and you're a republican, he insulted you today. he said you were a lazy democrat, right, who didn't deserve, there was undeserving lazy democrat. that is what william kristol wrote in his column today. i think unfortunately for the republicans mitt romney

looked a little bit more like mr. magoo recently than he has a serious presidential candidate. jon: that is good line. kate, i heard you laughing during his characterization. you don't agree? >> right the notion that mitt romney called people in boca raton lazy is absurd. what the democrats will do with this and what the obama administration will do is continuation of their class warfare, divide and conger rhetoric where republicans are purely greedy. they care more about millionaires and billionaires than children's with autism and down syndrome. in reality what mitt romney said no different when today tocqueville said when majority of the american people become dependent own government's largess the democracy is in peril. that is actually a very valid point. the essence of what conservism believes. dependence on government inhibits economic growth. it inhibits individual success and prosperity. i think it is a debate and argument that mitt romney wants to have. he clearly indicated that when he nominated paul ryan

as his vice-presidential candidate. he said he was willing to take on really tough issues he knew the democrats would spin and try to, create all these divisions and say, successful people only got there at the expense of the poor. we want to talk about, i think what the romney campaign really wants to do is focus on talking about an economy of opportunity. free markets. getting the government out of the way instead of this welfare state that is expanded exponentially with food staumps, dependence, disability, growth and disability payments. this is conversation romney wants to have. jon: because not everybody has been running their computers to download or play some of what mitt romney had to say i want to play a clip of it here now. >> there are 47% of the people who will vote for the president no matter what. all right. there are 47% who are with him, who are dependent upon government. who believe they are victims. who believe the government has responsibility to care for them. who believes they're entitled to health care, to

food, to housing to you name it. that is entitlement and government should give it to them. and they will vote for this president no matter what. jon: now i want to compare and contrast that, if possible, with what candidate obama said in 2008 also at a private event when he was talking about people who he was trying to, win the support of. play this. >> go to some of these small towns in pennsylvania, a like a lot of small towns in the midwest, the jobs have been gone now for 25 years and nothing's replaced them. and they have fell through the clinton administration and the bush administration and each successive administration has said that somehow these communities are going to regenerate and they have not. so it is not surprising then that they get bitter and they cling to their guns or religion or antipathy toward people who aren't like them

or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations. jon: comparing those two, simon, i want you to take on this thought. this is from chris stirewalt who wrote this piece on foxnews.com today. he says, obama's message, meaning one we heard from candidate obama, was that he could show blue-collar voters he was on their side with his message about tax increases and make them overcome their own racist or xenophobe big tendencies with promises of government spending. romney's message he won't get the votes of 47% who pay no income taxes and isn't going to try. wish we had this on screen. it would be a lot easier to understand. while obama was explaining his bid to woo voters opposed to him and favorable to hillary clinton, romney was explaining why he was writing off a huge chunk of the electorate. in essence stirewalt is saying mr. obama was trying

to explain why he could win over some hillary clinton voters. mitt romney was essentially staying true to his core beliefs. simon? >> well there's a lot there, jon. jon: i know. i'm sorry. >> i will do it really quickly. first of all, if you're evaluating whether barack obama is succeeding winning voters he clearly is. he is winning in pennsylvania, he is winning in ohio. he is winning in michigan. he is winning with throughout the industrial heartland which he was describing in this election against mitt romney. that is just polling data, right. that is objective fact. second thing i think there is a huge difference between what they said because mitt romney's essential assertion that 47% of the country doesn't pay income taxes and they all vote democrat is factually wrong, right? there is a possibility that a majority of that 47% actually vote regularly republican and what i just don't understand, and this is the thing. he is an mba he has been a turnaround guy. run as competent leader. got two degrees from harvard,

how does he get this level of math wrong? 61% of that 47% pay a higher tax rate than he did in 2011, right? so this notion that they don't pay taxes. they're shiftless and lazy and they're even democrats, right, none of that was right. that is what is scaring a lot of people. jon: let's give kate a chance to respond. >> playing right into that class warfare rhetoric, simon with that. they're lazy. mitt romney never said any such thing. and in fact those comments by obama, actually alienated a lot of folks in the middle class in that area, that income bracket of about 35,000 to 70,000, was the one income area that he actually lost. and so since then, he has been focusing on sort of pitting that group of americans against those who have succeeded instead of encouraging them to seek that success, which is exactly what mitt romney was talking about. he wasn't criticizing them. he was saying that american dream should be open to everybody. jon: we have to leave the

discussion there. thanks very much. we'll have you both back again, simon rosenberg, kate obenshain. >> thank you. jenna: anti-american protests spreading like wildfire. demonstrators are burning american flags. al qaeda is calling for more attacks on our diplomats. next we'll take you to another country seeing new protests today.

up protesters after though torched american flag outside the consulate. some of the signs saying go to hell, america. hundreds marching in thailand. chanting down with america, down with israel. david piper is streaming live from bangkok with more. david? >> reporter: jon, yes, anger about that controversial film as you said has now spread to asia. it took a few days to kick off but there were protests in several countries today. here in bangkok, about 400 muslim protesters marched in front of the u.s. embassy a short distance away from here. the group calling itself, international kuds federation of thailand chanted and held banners reading we love prophet muhammad. the demonstration was peaceful but there was a heavy thai police presence. thailand is predominantly buddhist nation but has sizable muslim population

largely living in the south of the country. in the world's most populous muslim nation, indonesia they hurled bombs and fought with police shouting america, america, go to hell. police used tear gas to clear the crowd most dressed in white muslim clothing. they had been calling for calm in indonesia over the past few days. in the southern philippines around 3,000 filipino muslims burned american and is rally flags in anger at the movie and carried placards saying americans are is a tanic. in indian-controlled kashmir there were more protests. troops clashed with demonstrators in the streets and used tear gas as they threw rocks at them. security around the consulates have been beefed up the past few days. they have also issued warnings to u.s. citizens to

be cautious particularly if they go close to the demonstration. jon: what a mess. david piper, reporting live from thailand. thanks, david. jenna: to one of our top stories. new reports indicating that the department of justice collaborated with a liberal website to spin bad press. james rosen has more for us. >> reporter: this story is nine months in the making that is how long ago the conservative website "the daily caller", submitted to the department of justice a freedom of information act request of copies of all communication between the department and the liberal outfit, media matters for america. justice finally responded with 69 pages of material spanning january 1st 2009, through the present day and including numerous e-mails between doj media relations specialist and media matters cadre of staff writers. point of the correspondence was media matters to use its website and other sources to help doj challenge the credibility of reporters on

fox news and other individuals like congressman darrell issa, the california republican who doggedly pursued the "fast and furious" case. many e-mails were written by tracy schmaler, director of doj office of public affairs who emerges as tireless defender of her boss eric holder and formidable partisan player, determined at one point to expose as, quote, unquote lie claims made on fox news by a tea party figure. >> we received a massive amount of these communiques indicates direct coordination between the obama justice department, eric holder justice department and media matters to subvert news stories. we have one e-mail, for example in which the writer from media matters e-mails someone at justice department to say, i'm watching, in fact this show and i just saw bill hemmer tease a story on "fast and furious". how can we, how can we undermine this story. a straightforward news story by the way. >> reporter: founded in 2004 by david brock, the

conservative reporter turned liberal activist, media matters is a tax-exempt, nonprofit, ostensibly dedicated to exposing media bias. in reality its sole mission is the destruction of fox news the group started out using conventional 24 hour monitoring techniques but in more recent years turned to private detectives and other methods brock himself characterized the waging of war on fox the justice department declined to comment for this story. media matters did not respond to my request for comment so far. jenna? jenna: james, thank you. jon: a major move by our u.s. military in afghanistan amid of a wave of insider attacks on our forces. what does it mean for our relationship with that country where we've been so long at war trying to help the people? we'll speak to retired lieutenant colonel tony shaffer next woman 1: this isn't just another election. we're voting for...

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you guys take a minute. zon, hands down. i'm going to show you guys another chart. pretty obvious. i don't think color matters. pretty obvious. what'sretty obvious about it ? that verizon has the coverage. verin. verizon. we're going to go to another chart. it doesn't really matter how you present it. it doesn't matter how you present it. verizon. more 4g lte coverage than all other networks combined. jenna: right now a big headline today. the u.s. military is suspending joint operations with afghan forces.

this after a surge of insider attacks on american and nato troops. also, a new outburst of violence is rocking the country today. a homicide bomber attacking a minibus carrying foreign workers. at least four people are dead. wow, the scene there in kabul. this year alone afghan government troops have turned their guns on nato forces 36 times, killing 51 soldiers, most of them, americans. that is more attacks in the last two years combined. joining us retired lieutenant colonel tony shaffer of the u.s. army. a senior fellow for the center for advanced defense studies. colonel, why are we training these guys to begin with? >> the whole premise of our strategy there is to leave a security force in place to sustain essentially what we started. helping afghan people remain focused on central government, hamid karzai and democracy and everything. the idea if we train the folks the ones when we leave

in 2014 will be able to sustain that effort. the whole cornerstone of the effort is jeopardized by the fact that we had to suspend all training as of today. jenna: with very ever done that before with troops in the land of our enemy and seen proof that it works? >> that's the interesting thing. i, right here on this show with jon scott i predicted three years ago we would see this infiltration of the military and that we would see this happen. others have predicted it as well. the problem is this, there is ways of doing this, the way they have been doing it isn't working. during the '80s we brought units out of latin america where we trying to help those countries build secure democracies and we helped build unit cohesion. train the trainers that is only option we have left. we have to take the guys, people we want to creates a the security force, move them to germany. give them skills. oh by the way, most of the people we're recruiting and training can't read or write. the whole idea they would be able to train these in country, have local contacts,

frankly we're not doing a good job of monitoring them, that is one of the things we suggested they do the inevitable result is what you're seeing here, the death of our troops. jenna: why now, colonel schaeffer? why is this happening now and we didn't see the trend five years ago? >> two. we're expanding the afghan military and police. we went from 150,000 to 300,000. so this is triple the opportunity for misdeeds. secondly, we're leaving. we announced it in 2009. one of the issues i think the president made a huge flaw announcing when we're leaving. you never tell your adversary when you're leaving. embolden the enemies. that is what you're seeing here. they're getting more and more brazen. you scare the bejesus out of your friends, in this case the pakistanis. we look at the pakistanis how we have to parter in are in pakistan. jenna: now the headline today that we're suspend all of this training we put a lot of time and energy we

put into over the last several years. >> right. jenna: do you think this is truly a temporary tactical response to recent news over the last couple months? or is this a shift in strategy overall? >> it's an acceptance of the reality we're facing. this think about this. think of walking out of news corp headquarters. the moment you're outside of the secure perimeter i have to look everywhere to see someone is shooting at you. think about the psychological effects. that is what the guys are going through. we have not accepted that what it is. we have find a way forward. the way they're doing it is not the right way. jenna: do you think the shift in strategy, do you think we'll see the training pick up again in a difficult way like you're suggesting or you think this is it and we leave the country and decide not to return training these guys because it is too dangerous? >> i think best way is to do, train a cadre outside the country. put them back in units. train the trainers to them. jenna: why would they be loyal to us, colonel schaeffer? let's say we do that like

we're doing on the ground. why do we have any evidence to believe they will carry on our mission after we leave? >> that's the point we don't. we don't have the hamid karzai ability to stay in power. i predict within a year of our departure his central democracy will fail. we need to work with with the tribes and warlords. we have to look at reality. most tribes don't like the taliban but they dislike even more the karzai government. we should simply try to that, ny training a security force. jenna: a lot of choices between the government, taliban and united states. i'm sure it is a confusing situation for the average family in afghanistan. >> it is. jenna: as ours here. colonel schaeffer, always nice to have have your insights as always. thank you. >> thank you. jon: 11 weeks from election day, candidates fanning out across the swing states. this is president biden speaking in ottumwa, iowa at

a campaign event. in new hampshire, his republican counterpart, the vice-presidential nominee on the republican side, paul ryan speaking in dover, new hampshire. both critical in the upcoming election and vice-presidential candidates are hitting them hard. if you like to catch either one or both their speeches we have them streaming live on foxnews.com. meanwhile the clock is ticking down to a critical vote to whether to end the chicago teachers strike and send more than 350,000 students back to school. how likely is it that the union will approve the tentative deal? a live report coming up. [shouting] you know what i love abut this country?

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jenna: taking you quickly out to miami-dade county in

florida where we have an ongoing and developing situation at a local elementary school. what you're seeing is the neighborhood surrounding it. leisure city elementary is on lockdown. police and dogs as you can see on your screen there are serving for a suspect. a suspect apparently involved in some sort of robbery that has to do with lawn equipment that was somehow stolen and put maybe inside a u-haul truck. according to reports, local reports, the suspect that was in the truck bailed out of the truck. now they can't find him or her for that matter. so that is why the police are in the neighborhood looking around. the school remains in lockdown. again it is leisure city elementary. we'll keep you updated as we hear more. jon: right now chicago's teachers union expected to vote on whether or not to end its strike that has shut down the country's third largest school system for more than a week and kept 350,000 students out of the classroom. steve brown is keeping tabs on that strike. he is live in chicago with the latest.

steve, prospects here? >> well with, jon, sunday we thought we were going to get a vote from the house of delegates which is essentially the teachers union's representative congress. it is a body of about 700 people. they decided they need ad couple more days to take a look what offer was on the table. well, a couple of days have passed and another meeting for the house of delegates set for 3:00 local time or eastern time. the expectation we'll either get a thumbs up or thumbs down whether or not to continue the strike which is now in its 7th day. as this wears on there are some signs beginning to grow that perhaps, excuse me, parents and others aligned with them are interested in getting this strike over. have a listen. >> i agree that teachers, you know, they probably do want to level the playing field but honestly i can't agree if they're going, the kids will be out of school that is leveling it because that is taking away precious time they could be focusing on learning. >> we do not want the

teachers union to have anymore mass marches. we want all sides to put their energy towards getting our children back in school now. >> reporter: it is clear this is not an easy call for the house of delegates or for the union. yet the contract was thought to be exceedingly good or exceedingly bad we probably would have gotten a vote on sunday. that just makes logical sense. there must be a difficult call in regards to the union and its memberships here. we are aware of it at least some concern that they need, that from union members that they need to end this strike now for fear that this is as good as it is going to get and they will lose the public relations battle with parents and city residents if this drags on too much longer. there is also a faction of folks within the union who think that their are still not happy with this contract and would like to see more, not the least of which is

included a bigger bump in salary. keep in mind that mayor emanuel, mayor rahm emanuel did get an added hour to the school day. that was done largely without teacher input. there is still some teacher resentment over that particular move because it added on to their day and didn't add in their pay in their view. so there is something of a split there in opinion about what is going to go on. we do believe that the meeting will start on time at 3:00. the history from sunday is, that it's going to take a couple of hours of debate before they get to the a vote, if they get to a vote today, we believe there will be one. jon? jon: meantime parents of younger kids have to figure out how to care for them during the day assuming parents are out working. and older kids are happening out at the skateboard park or shopping mall or whatever else. those kids will be going to school until august at this rate. all right. >> we've been fortunate. there have been no acts of violence in the city of chicago that has claimed or wounded or claimed the life

of a student that otherwise would be in school. i know that is on the minds of both teachers who are on strike, the administration and parents here. jon: big consideration. thank you, steve brown. jenna: honoring murdered border patrol agent brian terry. next we take you to a special ceremony today. [ male announcer ] eligible for medicare?

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to go the distance with you. call now to request your free decision guide. this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. >> reporter: rick folbaum in the "happening now" now control room. we have a story about a new call for islamists extremists to attack u.s. diplomats abroad. the violence continuing to spread, no end in sight and no game plan for how to stop it. we'll talk to two national security experts on what to do next. a brand-new study showing that teens and kids are eating about as much salt as adults do and that is not good. a fox news medical a-teamer will break it down for us and tell us why it's so bad. a special ceremony honoring the slain border patrol agent brian terry, a honor for for a mone a

man whose murder is at the heart of the fast and furious scandal. all of this happening in the second hour of "happening now." jenna: hi, everybody, welcome to a brand-new hour of "happening now." i'm jenna lee. jon: i'm jon scott. a lot of news breaking today, a major development in afghanistan that critics are saying puts america america's exit strategy in doubt. they are scaling back patrols with afghan soldiers and police because of insider attacks. afghan soldiers turning weapons on u.s. soldiers. >> they are calling this a current and temporary response to the current situation. the white house says the attacks will not affect the timeline for our withdrawal. national security correspondent

jennifer given is live from the pentagon. we've talked about this before. what spurred this move now? >> reporter: essentially three high profile insider attacks in the last three days. 51 killed in insider attacks begins the beginning of the year. a dramatic attack at helmand that left six helicopters destroyed and a commander dead. and a suicide bombing today that seems to be the result of this youtube video. dempsey had this to say. we are all saoepbld with the problem, you can't white wash it. you can't convince yourself that you have to work harder to get through it. something has to change. the military is temporarily suspending joint patrols with their afghan military partners. here is defense secretary leon panetta. >> i don't think that these attacks indicate that the taliban is stronger. i think what it indicates is that they are resorting to

efforts that try to strike at our forces, try to create chaos, but do not in anyway result in their regaining territory that has been lost pursuant to what the isaef and the u.s. forces have been able to accomplish in terms of the transition. >> reporter: pentagon officials and nato official -ts trying to downplay this move today and saying it won't affect the exit strategy. jenna: we can't deny that it's a pretty dramatic move at this point. we are closer to that exit strategy that you mentioned. so, what are people telling you about how that affects the strategy overall? >> reporter: again, it doesn't quite add up. they are saying it won't affect the strategy, as you know the strategy is based on partnering with the afghans and transitioning to the afghans. we heard the nato secretary

general say just a little while ago that that tr-pbs eugs is stiltransition is still on track this is a temporary thing. pentagon spokesman george little said quote this does not mean there will be no partner below that level. partnering will be evaluated on a case-by-case basis and determined by commander's. nobody should interpret this other than a prudent response to recent events. we remain committed to our goals and strategy in afghanistan. >> they'll be down to 68,000 u.s. forces in afghanistan, again in the next two years they were supposed to transition and most combat troops come home but that required partner with afghan troops. it's really hard to see how what they are saying and what they are doing doesn't threaten the

exit strategy. jenna: we don't know what them appraiser row means at this point, whether it's for a week or in definite. that's something we will learn more about. jennifer thank you. jon: the white house is now addressing questions surrounding its explanation of the deadly attack on u.s. diplomats in libya last week. the obama administration has called the assault that killed four americans a, quote, spontaneous attack, a claim the libyan president disputes. molly henneberg is battling the elements outside the white house. the day here briefing still underway inside there. what are they saying now. >> we've been waiting to hear from the white house after apparently conflicting reports over the weekend. you had the u.s. ambassador to the united nations saying one thing, the libyan president saying another about what exactly happened to the lead up and the actual day when this happened. we may get more 0 information because the briefing is going

on. it needs to be determined if this was a spontaneous attack, protestors got out of control, they were upset by the video about the prophet muhammad. that's what the white house is saying. or was it something else, a well planned, targeted attack. this is what the whitehouse spokesman said minutes ago. >> we have provided information about what we believe was the precipitating cause of the protest and the violence, based on the information that we have had available. there is an ongoing investigation, the f.b.i. is investigating, and that investigation will follow the facts wherever they lead. >> reporter: carney also says he does n intelligence warnings that the u.s. received prior to the attack, and he pointed to remarks this weekend by susan rice, the u.s. ambassador to the united nations to said the attack object the u.s. consulate which killed four americans does not appear to have been a quote,

preplanned, premeditated attack. here is more from ambassador rice. >> what happened initially was that it was a spontaneous reaction to what had just transpired in cairo, as a consequence of the video. people gathered outside the embassy and then it grew very violent. those with extremist ties joined the fray and came with heavy weapons which unfortunately are quite common in post revolutionary libya, and that then spun out of control. >> reporter: but the president of libya disagrees. the president says this was an al-qaida attack, it was preplanned he said, and it was targeted specifically at the u.s. consulate in benghazi, libya. jon. jon: seems like a lot of questions left to answer in that one. molly henneberg at the white house. molly, thank you. jenna: we're going to continue with to politics now, governor

mitt romney's efforts to sharpen his campaign mess ages being overshadowed by a video of something he said back in may. mr. romney was at a private fund-raiser when he said this about voters who support the president. >> 47% of the people will vote for the president no matter what. 47% are with him, who believe that they are victims, who believe that government has the responsibility to care for them. jenna: governor romney backing away from his comments today saying they were off the cuff and not elegantly stated. we are less than 50 days from the election. carl cameron is live in dallas where governor romney will meet with his supporters a little later on today. tell us more about this video, carl. >> reporter: obviously it came from may in a closed fund-raiser and the video is likely to be released in its entirety later today by the liberal magazine mother jones who put it out on the web yesterday and started

the real close scrutiny and national attention to all of this. interesting today mitt romney will actually open a fund-raiser in salt lake city to cameras. this is something that had been in the works for several weeks and was not caused by the video of the now several month-old fund-raiser. the controversy is now wide open. here is more of what mr. romney said. >> 47 are with him, who are dependent upon government who believe they are victims, who believe the government has the responsibility to care for them, who believe that they are entitled to healthcare, to food, to housing, to you name it. that entitlement, the government has the responsibility to give it to them and they will vote for this president no matter what. he shows up with a huge number. these are people who paid no income tax. >> reporter: yesterday mr. romney said perhaps he could have spoken more elegantly, but the truth of the matter is in this campaign romney has said much of that perhaps a little

bit more elegantly. he has argued that the president is bringing the united states closer to a european social lis style government. he's argued that the president's policies have created a sense of an entitlement society and a dependency on government, rhetoric that he's used in speeches and rallies for months now. last night he summoned the press to a news conference in costa mesa, california, after this controversy began to essentially clarify and restate his position, watch. >> the point i made is the president starts out with a large number of the voters 47, 48, 49%, something like that, these are people who are in his camp, and they'll vote for him almost no matter what. >> reporter: and he also said that there are folks on his side who will vote for him almost no matter what, and the pursuit is for the folks in the middle, about 6 or 7% he says that are the swing vote moderates who will ultimately determine the election, and it's mr. romney's assertion that all americans

don't want a dependency culture or entitlement society or government that continues to intrude in their lives, what they want is the opportunity to pursue happiness, liberty and free enterprise. that's pw-pbt under pinninhas that's been the under pinning of his entire campaign. he should have been saying this every day, notwithstanding very tough criticism from democrats today. jenna: this is tuesday, we'll see how the story looks on friday as it carries out throughout the week and see how it develops. carl, thank you. jon: there are brand-new poll numbers out showing president obama losing some support among latinos. the poll for fox news latino shows 60% of likely latino voters would vote for the obama biden ticket if the election was held today. that's slightly he less than the 67% that supported the president in 2008. 30% would vote for mitt romney and congressman paul ryan. 45% say they are better off than

they were four years ago. the majority say no they are not better off or they are in the same position they were in 2008. the most important election issue for latinos, the economy and jobs. 48% say they are concerned about their wallets, and at the bottom of the list just 6% say they are concerned about immigration. for the pull poll results including what latino voters think about their chances of achieving the american dream log onto fox news latino.com. interesting. jenna: back to one of our top stories today, violent anti-american protests continue to spread around the muslim world. how long will they last? and why the cause of the violent unrest may be more than just this video we keep on hearing about. we have great panel ahead for you, they will weigh in on what is going on now and what is ahead. jon: an important warning if you're one of those who uses microsoft explorer, that covers a lot of us. jenna: including us on set right now. we should pay attention to our

own story ahead brand-new developments for the royal couple to put a lid on topless pictures. our legal panel takes up the case next. >> this is diana all over again. she is a lovely woman and such a nice person. >> i don't think it's right that they should publish that type of thing, but given who she is anything she does is going to be scrutinized and published. she has to be a bit careful about what she does. in america today we're running out of a vital resource we need

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to help make sure everyone's ready with the know how we need for a new tomorrow. [ male announcer ] make sure america's ready. make sure you're ready. at devry.edu/knowhow. ♪ jon: right now business headlines we are following. the current u.s. trade deficit narrowing to $117 billion for the second quarter. the government sites an increase in american exports and cheaper oil imports. the fedex company says the global economy is getting worse and its cutting its forecast for the fiscal year about 10%. it says its net income for this quarter will fall below last

year's. a major coal producer says it's eliminating 1200 jobs, including 400 with the immediate closing of eight mines. they site the shift away from u.s. power plants and overseas steel mills. jenna: protests across the muslim world continue to spread. we have new video in from india now. police and demonstrators clashing in kashmir, one week to a day after egyptian protestors stormed the u.s. embassy in cairo and four americans were killed in libya. shoepso many protests all over the world. peter brooks a senior fellow of the national heritage foundation joins us now, and judith miller, a pulitzer prize rice investigator reporter and fox news contributor. a lot to get to in so many areas around the world. when do we see an end to the protest? >> that is hard to say, jenna. i think the famous quote is prediction is difficult,

especially about the future. i imagine over time it will die out. a lot of it will come down to what local governments are able to do in dealing with these protests, but it's hard to say. there is any number of issues that could come up that could make these go on for quite some time. jenna: judy what do you think about that? >> i think it is going to last a while. i agree with peter we don't know how long it's going to last, we don't know whether or not something else is going to come along that will set it off again, but what we do know, that is until this wave of violence and protest subsides american companies, and american officials overseas have to exercise extreme caution. you've seen already the americans being pulled out of tunis and khartoum by the u.s. state department. the state department, jenna has 14,600 full-time employees overseas. it's a lot of people to protect. jenna: they keep on doubling down on the video.

the attribution to the video, they say is causing this inch rest. do you see that as truth coming from our government or is that strategic to try to make the video the course ever the violence, rather than maybe a bigger issue that we have to confront? >> look, i think that the real problem, as i wrote for fox news, is a deep-seated historic anger that so many in the middle east have towards the west, the fact that their self be liization has not been able to keep up with ours. i think this would have been happening no matter who was president, but there is no doubt that jihadi groups in the countries where these protests are taking place are doing whatever they can to fan the flames and make sure that their supporters are out there burning flags, making things worse. jenna: they are not really mentioning the video that much, peter. >> not any more. jenna: it's about america, it's about israel, it's about the hate that exists. peter your experience in the navy and the c.i.a. i want to talk a little bit about this now. what can you tell our viewers about what is happening behind the scenes.

as this is unraveling in front of us what is the military preparing for, what is the c.i.a. preparing for, what is going none. >> my sense of course is security is job number one right now. i think other than political statements calling upon these governments to prevent violence against american interests overseas the intelligence people are going 24-7. it's probably a shift of assets towards these challenges to prevent a future attack, something like happened in cairo or certainly something like happened in benghazi. they are probably trying to figure out who was responsible for benghazi, very important. i think it will be very important for a number of reasons, jenna. one is we need to find out who it is and we may need to take retribution if the libyan -rs not able to do that. jenna: when you say retribution, what does that mean? >> i mean they need to be punished. we need to bring these people to justice, whatever we need to do to make sure that we send a very strong signal of strength that this sort of attack, these unbrazen attacks, brazen attacks

against american interests and sovereignty and territory will not be allowed. i think it's very important we figure out who did it and work with host governments to try to bring these people to justice and if they won't do it then we may have to take actions ourselves. jenna: judy what do you think about that. a more proactive policy rather than a reactive policy to things that are unraveling again in tpro*fpbt us. >> i think that president obama already said in the case of libya where we've lost four american officials and of course our ambassador he is going to insist that justice be done. the libyan government is working very closely with the united states now to bring these people to justice. 50 people have already been arrested. we are going to learn a lot more in the coming days and weeks, jenna, about who did this. why they did it and it's going to help us target our protection tech is in eupls fo mechanisms for the people out there in the field. jenna: it's hard to think it's only a week. it seems like the world has changed so quickly. thank you for being with us today. >> thank you. jon: so many decisions fall in

the lap of the president and the presidential election could come down to the undecided voters in this country. in the battle for swing states what will it take to get them off the fence? mike emanuel live at a diner in virginia where folks enjoy down home cooking and strong opinions. mike. >> reporter: the economy, jobs, national security and more, a live report coming up. when you have diabetes...

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now there aren't many undecided voters out there but they hold the key to victory in november and both campaigns are aggressively trying to within their votes especially in swing states like louisiana. we find mike emanuel live in leesburg. >> reporter: a lot of virginia voters are worried about jobs

and the economy, but with a strong military presence and a lot of veterans there are also those worried about national security. >> always for me, yeah, i'm a veteran so, yeah, yes, absolutely. >> reporter: what is your decision-making process going to be? >> i'm totally undecided. i can't answer that to be honest with you. it's all going to play out -- i don't know i can't answer that. >> reporter: have you made up your mind about the election? >> i have not. i think that they both -- i think both of them have good points. i am not one way or the other. i wish that we had a really strong independent party at this point because i feel that the republicans have some good issues and i feel the democrats have to good issues. >> reporter: here in the leesburg restaurant in charming leesburg, virginia we are here with greg hudson who voted in 2008 for barack obama. greg, what are your top issues this time around. >> the top issues are obviously

the economy as well as national security and it's going to take a serious candidate to lead the way, both ways. while i voted for obama in 2008 i think my mind is pretty much set on voting for mitt romney this go around. >> reporter: is there anything in the news over the next seven weeks or something one of these candidates can change that will change your mind? >> i don't think anything will change my mind. i think i'm pretty well set. what i would like to see, quite frankly out of our current president is some leadership, something that i believe at this crucial time in our nation's history with a lot of attacks going on in the middle east, as well as the carries here at home with the economy, being on david letterman, for example, tonight i don't think that is really the priority of the country, so i think i'm set on romney. i've been pretty set for a while, i believe, but after kind of seating issues and seeing the direction of our country, while i wanted obama to succeed, he just hasn't done so. >> reporter: so the economy, jobs, a lot of those issues are bothering you?

>> it really is. continued over 8% unemployment. we have, what, over 45% that are getting some form of federal assistance in our country. that is just not acceptable, and i believe that the media, and even the candidates for that matter really just aren't focused on it, and it's mind boggling to me how with such a lack luster record of success that anybody right now, any politician could be focused on hanging out with jay-z tonight or something. it blows my mind, and it wasn't the hope and change that i was hoping for. >> reporter: greg hudson a voter in this battleground state of virginia, was an obama voter, now says he's looking at romney, guys back to you. jon: interesting, mike the candidates go on shows like letterman to try to boost their numbers among undecided voters and for that undecided voter it doesn't sound like it's going to help. >> reporter: not happy, you're right, absolutely e jon.

jon: thank you. jenna: a new development to the bombshell scandal surrounding kate middleton and those topless photos all of them published in gossip magazines. one judge is issuing a major ruling in the case. she looks okay, kate is having fun there, she is dancing,. jon: there were some embarrassing moments on this meeting though. jenna: our legal panel is going to debate what is next for these photos in the royal family. i don't know i think i like kate better than william his dance moves. everybody is a critic, right? we'll continue with this story as well, paying tribute to murdered border patrol agent brian terry, his death linked to the controversial fast and furious operation. william la jeunesse has that story and he'll be coming up for us next.

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call... and lock in your rate for 12 months today. liberty mutual insurance. responsibility. what's your policy? >> we are watching a very severe weather situation unfold across the seaboard where we have tornado watches in line for parts of mid-atlantic up towards the northeast. conditions are favorable for tornadoes. this watch good until 5:00pm. 7pm, 7pm. d.c., philly, norfolk. you are all within the watches. no tornado warnings but we are seeing the potential for rotation with some of the cells. you can see severe thunderstorm warnings here north and west of baltimore. taking a look right now at our severe weather risks they have

just upgraded the storm prediction center for today's severe threat to moderate in the red shaded area. we think all of the conditions are going to become favorable for not only tornadoes but strong damaging winds. 50, 60 miles per hour and we'll see incredibly flooding with this system as well. very reminiscent to what we saw a week and a half ago when we saw tornadoes touching down in new york. we will keep you posted throughout the day from the fox extreme weather center. jon: janice dean almost on top of it. there is a victory for britain's royal family after a french court orders a gossip magazine to hand over topless photos of prince william's wife, kate middleton. but with the pictures already splashed all over the internet and published in other countries is this a case of two little too late? let's get into it with w liswe

eurpbgs l a fox news analys anafox news analyst. >> the images are already out there. what can they do. >> they have to sue in both of those countries as well. there is a criminal obligation here. i believe they are going to get a prosecutor involved in this and go after the photographer and the editor who published this for up to a year in prison for publishing this. jon: fred you say there is a problem with going after the photographer. >> i do, jon. i think there is a problem. i'm not a big fan of the paparazzi, i don't like it, it comes from personal experience, nobody wants to see me at the beach with my shirt off, i've got more of a danger being harpooned when i snorkle. let's put all that aside, the fact of the matter is, these people are dangerous, let's not

forget that 15 years ago last month they kind of ran down prince williams mother and caused her death. all that aside you have a lone photographer, a lone lens man or woman shooting from half a mile away and the french court upheld that. i'm not sure at the end of the day that results in as much of an invasion of privacy. >> what you're for getting is french law is much different than american law. it's folks used on privacy interest. the statute is very clear if you take a picture of someone in a private setting, ie their home, vacation place, whatever, whether you're on the street or not without their consent that is a violation of the criminal statute and for that you are looking at up to a year in jail. >> i understand that that under frank's la france's law. we have pictures released in an italian paper, 26 pages of them.

this french decision will not be upheld in it leave. you have to go to italy and try to put the foot paste back in the tube in that state. i understand the guy may have violated the law but this is a far stretch from chasing someone down on a motorcycle. jon: how much of this is because this is the future queen of england here. if an ordinary woman in london and her pictures ended up in a french magazine, would they be taking up this case? >> maybe not. but if you look at the statute it's clear on it's face. the point is, yes what the french court says will not hold way in those other courts, but those other countries and courts and publications are now on notice. they know what the french court has said. that means damages going forward. of course damages to the royal couple, i mean, you know, it's tphofpt money to them i guess but it means that the other

companies are held on notice. jon: the damages that i've heard about so far, fred, amount to a pittance for a magazine, maybe 1300 bucks a day. >> that is a problem. >> exactly, they amount to a pittance and someone may very well make the business decision that it's better to pay the money damages and collect the money from using these magazines and the royalties and the subject scripps money and move forward. >> yeah but it doesn't also work years ago ford pinto decided let's just people crash into those cars even though they were going to blow up. they were held to criminal liability. >> let me tell you something, you're talking about people's lives. quite frankly these pictures of kate middleton are no different than when what i remember reading in magazines when i was a 17-year-old boy you may see on some beach in the south of france. that is a far cry. people who macon shuns decisions to sacrifice people's lives and then pay the attorneys fees and fines ought to get whacked.

>> the french law has criminal liability that we don't have in this country. >> i know you studied at harvard, i didn't know you studied in france. >> oh, yes. >> she is right. just because i don't have a defensible position, just because she is right doesn't mean i'm not going to argue my point. jon: you always come with your a game fred whether you have a defense or not. >> i'm seldom right but i'm seldom not committed to my position. jon: can we all agree that this may be the last time kate middleton takes off her top in any kind of outdoor situation. >> that would be yes. >> right. jon: we have agreement with both of you on that. [laughter] jon: the thought of seeing you -- jenna: just leave it jon. say goodbye, thank you, fred. see you scuba diving. no 17-year-old magazines. we don't want to know anything else. jon: jenna will handle my goodbyes for me from now on. jenna: i was distracted as well by the dancing video of kate and

william. they look fine. that was very reminiscent. >> he's got his mother's. [speaking french] jenna: what does that mean. jon: joy of life. jenna: they are doing good. they look all right. jon: you know he is diana's son. jenna: i'm sure this is quite a learning experience. we feel for them, that's for sure. a health check for your kids, it's not just about sugar any more. we know you have to worry about that. what about salt? a favorite food and rising alarm bells among health experts on this. dr. manny will join us straight ahead. i have a cold, and i took nyquil,

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jenna: right now honoring a hero. at the top of the hour a border station on the arizona border will be renamed nor brian terry, the border agent killed in a drug battle with drug smugglers back in 2010. some of the weapons found at the scene as you well know have been

linked to fast and furious the botched gun tracking operation. william la jeunesse is live from arizona with more. william. >> reporter: jenna for only the second time in border patrol history a station will be named after one of its own, brian terry in a ceremony later here today. i'm in naco, arizona, it is a hot, dry, barren postage stamp on the arizona border but a hotbed of drug smuggling. this is where he was stationed. he received a badge of bravery held by the terry foundation. they will provide scholarships to students entering law enforcement and assistance to families of fallen agents. in december it will have been two years since the border bandits killed brian terry in a firefight using weapons obtained through operation fast and furious. that is of course the gun-running scandal indicated by the obama administration that led congress to hold the attorney general in contempt. questions remain and the family hopes to have answers in the

next few days. >> i just want justice for brian and i want them to realize that, you know, he loved his country, and he was an american hero to me, and i just think that he would want to be remembered like that. that's why it's so important for me to get closure. >> reporter: that closure could come as soon as tomorrow with the likely release of the inspector general's review or skwregs of fast and furious. they reviewed some 70,000 documents, interviewed hundreds of witnesses and that should layout in detail those responsible for the poor judgment and lack of oversight that allowed some 2,000 guns into the hands of mexican cartels with the knowledge and approval of the u.s. government. >> we look for where is the highest level of the break down and where it occurred. was it just bad judgment as it was with some of the local agents in phoenix, or was it in

fact some sort of an institutional problem that needed to be corrected by legislation or regulation. >> reporter: our sources say that the department of justice, the alcohol, tobacco and firearms and the u.s. attorney office will receive the report, review the findings and possibly within as little as 48 hours they could demoat, suspend or fire those involved. back to you, jenna. jenna: we'll continue to follow this story as it develops, william, a nice way to honor agent terry today, it's a good thing that we are there. thank you. jon: some health issues that you and your family should know about now we know they are tasty but new research finds the foods american kids eat these days contain too much salt. so much so that their daily intake of sodium isee is equal to that of their parents. that could cause some serious health problems down the line. dr. manny alvarez our senior

managing hedda tore on foxnewshealth.com and a fox medical a-team eris with us. so the recommendation is that you should get maybe about a teaspoon of salt a day. >> about 2300 milligrams, that's what everybody should be consuming. the problem is that when they did a survey they looked at 6,000 kids. the cdc found that kids were problem pwhroeu averaging anywhere between 3300 milligrams of sodium, almost a gram more than the recommended daily consumption. jon: what is the problem with that? >> reporter: the problem is that one-third of our teenagers are probably overweight. when they looked at incident of blood pressure among that population they found that it was about 15% incidents of blood pressure or pre hypertension, the 140 over 90 ra*eupbl 90 range that everybody is so concerned about. when you start having high blood pressure when you're a teenager

you can only imagine when you're 40 or 50. high blood pressure is a silent killer. it puts the kids at risk for premature heart disaoerbgs kidney failure, strokes and the like. people have to be aeu which are we've got to cut down the sodium in the foods that teenagers eat. one big mac is about a thousand milligrams in sodium. right then and there you've got 50%. this is why it's so important in my opinion and i support the mayor of new york in regulating salt content or at least disclosing the salt content so people can make a wider choice and get better educated. listen, this generation is probably going to be in more danger of having bad health than our generation. so you've got to be very aware of that. jon: watch the salt especially for your kids. >> reporter: absolutely. jon: there is this topic a superbug claiming a 7th life at a federal research hospital in maryland. the latest victim of the national institutes of health clinical center a boy who was there being treated for

complications from a bone marrow transplant. this is pretty scary stuff. this is a bug that apparently came to the hospital with a patient and there are no anti-by at particulars known to kilt. >> reporter: right, look, look this is scary and it sounds like a science fiction movie but it's happening at every hospital now in america. this is a bug that lives in our intestines, but with over utilization of anti-by at particulars over and over again this bug really has nothing to kill it. we are probably a decade away before we have any new anti-by at particulars, so what happens in this particular hospital you have a lot of sick immune owe compromised patients. the bug came with a little boy that was transferred because of a bone marrow complication, he had the bug in him, that got disseminated through the walls in through the pipes and this is what happens. constantly a lot of american hospitals have to shut down wings, scrub down walls, many times they have to replace the piping because these superbugs are embedded in the

infrastructure. jon: tore out the plumbing because the bug went down the drain. >> reporter: and believe you me if you're immune owe compromised and you get one of these super bugs, unfortunately there is no cure, you're probably going to die or be extremely harmed from it, and a lot of times people say, oh i don't want to go home, doc, can i stay an extra day in the hospital. please if you don't have to be in the hospital don't be in the hospital because there is a lot of strange things happening and it's going to get worse before it gets better. jon: don't be asking your doctor for anti-by at particulars. >> reporter: absolutely that is a perfect example. jon: manny alvarez, thank you. >> reporter: thank you. jenna: jon he has always maintained his innocence, now new details revealed in the infamous case of an army doctor accused of killing his wife and daughters more than 40 years ago.

jenna: right now a new warning of a security problem in microsoft's internet explorer. rick has more on this now, rick. >> this is a problem more than half of all web users use internet explorer, that is the microsoft program that allows people to search the web. the bug was found over the weekend giving hackers a which to get into people's personal computers. microsoft said it was aware of the bug but didn't plan on issuing a patch, a fix that people could download on their computers. now microsoft says engineers are working on a patch and will get it out as soon as it is ready. it a spebgts inch per ne affects internet explorer 6, 7, 7, and 8, ten apparently is safe. it gives people abg toes to crediaccess to credit card

numbers. until the patch is released and people have a chance to download it they should stay away from internet exphro*erer and use fire fox, or something like that. jon: a twist in the case of an ex-army doctor accused of willing his wife and daughters back in the 1970s. the case garnered so much attention at the time that it became the basis for a best-selling book and mini certificate sraoes. jeffery mcdonald is back in court with evidence that lawyers says proves the innocence of their client. jonathan serrie has the story. >> reporter: new evidence and previously unreported testimony from the dead. today the brother of admitted drug user helena stokley received that his sister confided in their mother that she was present during the 1970 murders of jeffery mcdonald's wife and daughters and the army doctor was not guilty of the

crimes. eugene stokley said just before her death his mother told him she would testify about what she saw but was intimidated about threats of murder charges. but they said they were informing stokley of her rights. stevens says conflicting statements from stokley who is now deceased cannot be trusted, listen. >> her mind is that of a drug addict, even taking -- if you take a lie detector test of what value is it to an insane push with a drug addled mind? it's useless. >> reporter: the public's understanding of mcdonald's conviction was through a book called "fatal vision. the same author that moved in next to sarah palin while writing a book about the presidential candidate. palin writes quote, i sympathize with mcdonald and his defense team because i saw firsthand the

twisted way mcginnis operates. the hearing is is expected to continue for the next two weeks. jon: keep us updated. jonathan serrie. we'll be right back. ♪

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